Quagigant

MEMORANDUM **

Dustin Quagigant appeals his federal jury conviction of assault resulting in serious bodily injury and assault with a dangerous weapon. We affirm.

I.

Quagigant contends that the district court erred by admitting into evidence a baseball bat and photographs of the bat which, he alleges, were not properly authenticated and were irrelevant and prejudicial. We review the district court’s conclusions regarding the authenticity and foundation supporting the admission of evidence for an abuse of discretion. See United States v. Workinger, 90 F.3d 1409, 1412 (9th Cir.1996). We conclude that the district court did not err when it admitted the evidence.

At trial, an eyewitness testified that he led a detective to an elementary school where Quagigant discarded the baseball bat that he had used in the assault. Both the eyewitness and the detective testified that they found the baseball bat used in the assault at the school. The detective also testified that the bat introduced at trial was the same bat he found with the witness, and that photographs introduced *634 at trial were the same photographs he had taken when he found the bat.

Regardless of the fact that some of the…